Appeal 2007-3540
Application 09/946,616
1 ISSUES
2 The issues pertinent to this appeal are whether the Appellants have sustained
3 their burden of showing that the Examiner erred in rejecting
4 • claims 1, 11-13, 32, 50-54, and 57 under 35 U.S.C. § 102(e) as anticipated
5 by Bogosian, and
6 • claims 2-10, 14-30, 33-45, 55, 56, and 58-61 under 35 U.S.C. § 103(a) as
7 unpatentable over Bogosian and Cornelius.
8 The pertinent issue turns on whether
9 FACTS PERTINENT TO THE ISSUES
10 The following enumerated Findings of Fact (FF) are believed to be supported
11 by a preponderance of the evidence.
12 Claim Construction
13 01. The Specification contains no lexicographic definitions for the term
14 “fund” or “funds.”
15 02. The usual and ordinary meaning of fund or funds is (1) a source of
16 supply; (2) a sum of money or other resources set aside for a specific
17 purpose; or (3) funds - available money; ready cash2.
18 03. The Specification contains no lexicographic definitions for the term
19 “account.”
20 04. The usual and ordinary meaning of “account” within the financial
21 context of the claim is (1) a formal banking, brokerage, or business
2 American Heritage Dictionary of the English Language (4th ed. 2000).
3
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